The officials and employees of the Township
are hereby divided and classified as follows:
A.
Elected officials, comprised of members of the Board
of Commissioners and the Township Treasurer.
B.
Board-appointed officials, comprised of the Township
Manager, Township Secretary, Township Solicitor and Township Engineer.
C.
Management and general exempt positions, comprised of classified positions appointed by the Township Manager or appointed by the Board and under the control of the Manager pursuant to § 5-31 of this chapter and exempt from provisions of collective bargaining statutes and from the jurisdiction of the Lower Merion Civil Service Commission.[1]
D.
Nonexempt classified positions, comprised of all classified
positions covered by the provisions of the Pennsylvania Act of June
24, 1968, P.L. 237, No. 111, as amended, and by the provisions of
the Pennsylvania Act of July 23, 1970, P.L. 563, No. 195, as amended,[2] which are covered by collective bargaining agreements
and of all classified positions which are under the jurisdiction of
the Lower Merion Civil Service Commission.
[2]
Editor's Note: See 43 P.S. § 217.1
et seq. and 43 P.S. § 1101.101 et seq., respectively.
E.
Special exempt positions, comprised of all other employees
and which are mainly part-time and temporary and special positions
not covered by any other of the above classes.
B.
The Township Manager shall prescribe the various regulations
and provisions regarding personnel matters as follows:
(1)
Management and general exempt class and the special
exempt class, subject to any specific provisions adopted by ordinance
or resolution of the Board of Commissioners and that which is provided
by appeal or review rights assigned to the Personnel Review Board.
(2)
Nonexempt classified employees, subject to the provisions
of collective bargaining agreements, Civil Service Commission authority
and any specific provisions adopted by ordinance or resolution of
the Board of Commissioners.
A.
Creation, purposes and duties. There is hereby created
an appeal board known as the "Personnel Review Board," whose members
are nominated by the Township Manager and appointed by the Board of
Commissioners. The principal purpose of the Personnel Review Board
shall be to ensure fair and equitable methods and standards, free
from political interference, for the terminating, promoting, transferring
and disciplining of Township employees, excluding those employees
under the jurisdiction of the Civil Service Commission[1] or covered by provisions of collective bargaining contracts
and to hear appeals relating to such terminating, promoting, transferring
and disciplining and to advise the Township Manager concerning rules
and regulations necessary to ensure a fair evaluation of employee
performance.
B.
Membership. The Personnel Review Board shall be comprised
of three members, each to serve for the term of six years or until
their successors are appointed, said members to serve without compensation.
Initial appointments hereafter shall be for shorter terms, staggered
to expire two years apart. A majority of the members shall be residents
of the Township. No member shall hold any other salaried public office,
and at least one member shall have experience with personnel administration.
Appointments to fill vacancies during a term shall be for the unexpired
portions of such term. One of the members of the Personnel Review
Board shall be designated by the Township Manager to serve as the
Chairman of the Board. From time to time, the Township Manager also
shall designate one of the members of the Board to serve as Vice Chairman.
In the absence or disability of the Chairman or when the Chair is
vacant, the Vice Chairman shall perform the functions vested in the
Chairman. The third Board member shall be designated as the Secretary
of the Board.
[Amended 5-15-1985 by Ord. No. 2074; 1-20-1993 by Ord. No.
3307]
C.
Meetings. The Personnel Review Board shall meet at
the call of the Chairman or, in his absence, at the call of the Vice
Chairman. Special meetings shall be called at the request of a majority
of the members of the Board or at the specific request of the Township
Manager or by resolution of the Board of Commissioners. Each member
shall be notified, in writing, of each and every meeting and at least
48 hours in advance thereof. Two members shall constitute a quorum,
and no action of the Board shall be valid unless it shall have the
concurrence of a majority of the members in attendance.
D.
Records. The Personnel Review Board shall keep official,
recorded minutes of its proceedings and records of examinations and
other official actions.
E.
Reports. The Personnel Review Board shall make an
annual report to the Township Manager containing a brief summary of
its work during the year, which shall be available for public inspection.
A.
Procedure. The Personnel Review Board shall have appellate
jurisdiction of the following matters, pursuant to the following procedure:
(1)
Except for department heads and office heads, employees
reporting directly to the Township Manager and who also occupy management
and general exempt positions may appeal actions of the Township Manager
involving termination or suspension of service or demotion or reduction
in rank.
(2)
All exempt employees, except for those provided for in Subsection A(1) above, may appeal personnel actions involving termination or suspension of service, demotion or reduction of compensation only after first submitting an appeal to the Township Manager or his designee for a re-review.
(3)
In cases involving citizen complaints against personnel
of the Township, an employee may request a review of the findings
of the Township Manager or department head.
B.
Reversal or amendment. The Township Manager shall have 15 working days after the Personnel Review Board has rendered an adjudication in any appeal referred to in this section in which to reverse or amend his appealed action. If the Township Manager does not reverse or amend his decision within said fifteen-day period, the adjudication of the Personnel Review Board shall be final. An amended decision of the Township Manager shall be the subject of an appeal de novo before the Personnel Review Board if an appeal from such amended decision is taken pursuant to § 5-40 of this chapter.
The Personnel Review Board shall have appellate jurisdiction to make an adjudication in those matters set forth in § 5-38 of this chapter which shall be binding upon the parties involved, provided that both the Township Manager and the aggrieved employee have agreed to submit to a binding adjudication. No binding adjudication of the Personnel Review Board shall prevent the Board of Commissioners from exercising discretionary jurisdiction over the matter and from sustaining, reversing or modifying the adjudication of the Personnel Review Board.
A.
An aggrieved employee shall file a petition for appeal
with the Secretary of the Personnel Review Board, and the employee
shall file a copy of the petition with the Manager. The aggrieved
employee shall also file a copy of the petition with the Personnel
Director, unless the aggrieved employee is an employee who reports
directly to the Manager.
B.
A petition for appeal shall be in writing and shall
set forth:
(1)
The name of the appellant.
(2)
The action appealed and its effective date.
(3)
A request for a hearing, if desired.
(4)
A statement of the remedy the appellant seeks from
the Personnel Review Board.
(5)
The name of the appellant's representative, if any.
(6)
Attachment of any relevant document, including the
decision of the Township Manager.
(7)
Signature by the appellant and representative, if
any.
C.
Time for filing. A petition for appeal must be filed
within 14 calendar days after the day of the date of the action being
appealed.
D.
In the event that the Personnel Review Board fails to commence a hearing within 45 calendar days after the day of the date of the filing of the petition for appeal, the petition for appeal shall be deemed denied, and the action under appeal shall be deemed affirmed and may thereafter become final under § 5-38 of this chapter.
A.
Any party may be represented by counsel before the
Personnel Review Board.
B.
Each party shall be afforded reasonable notice of
the hearing and shall be afforded an opportunity to be heard. All
testimony may be stenographically recorded, and a full and complete
record may be kept of the proceedings. In the event that all testimony
is not stenographically recorded and a full and complete record of
the proceedings is not provided by the Township, such testimony shall
be stenographically recorded, and a full and complete record of the
proceedings shall be kept at the request of any aggrieved employee
agreeing to pay the costs thereof. In the absence of stenographically
recorded testimony and a full and complete record of the proceedings,
a record of the proceedings shall be made in the form of minutes by
the Secretary of the Personnel Review Board, a copy of which shall
be provided to all parties.
C.
All testimony shall be given under oath. The Personnel
Review Board shall not be bound by technical rules of evidence at
its hearings, and all relevant evidence of reasonably probative value
may be received. Reasonable examination and cross-examination shall
be permitted.
D.
All adjudications of the Personnel Review Board shall
be in writing, shall contain findings and the reasons for the adjudication
and shall be served upon all parties or their counsel personally or
by mail.
A.
Issues. In its sole discretion, the Personnel Review
Board may decide to review issues of the following type and to issue
advisory opinions involving:
(1)
Requests for informal hearings on determinations relating
to disability, retirement, health insurance and pension matters made
by the Personnel Director or the Township Manager.
(2)
Matters involving Board-appointed officials when referred
by at least three members of the Board of Commissioners.
(3)
Any personnel matter referred by the Township Manager.
Any aggrieved employee or the Township Manager may appeal an appealable final adjudication, referred to in § 5-38 of this chapter, of the Personnel Review Board, before which he was a party, to the Board of Commissioners, pursuant to the following conditions, requirements and procedure:
A.
The appealing party shall file a petition for appeal
with the Township Secretary and will on the same day, serve, by personal
service or mailing, a copy of the petition on all other parties or
their counsel.
B.
A petition of appeal shall be in writing and shall
set forth:
(1)
The name of the appellant.
(2)
The adjudication appealed and its effective date.
(3)
A request for a hearing, if desired.
(4)
A statement of the remedy the appellant seeks from
the Board.
(5)
The name of the appellant's representative, if any.
(6)
Attachment of any relevant document, including the
final decision of the Township Manager.
(7)
Signature by the appellant and representative, if
any.
C.
Time of filing. Petitions for appeal must be filed no later than 14 calendar days following the day of the date on which the adjudication of the Personnel Review Board became final pursuant to § 5-38 of this chapter. Failure of any party to appeal a final adjudication of the Personnel Review Board within said fourteen-day period shall cause such final adjudication to be binding on all parties.
In its sole discretion, the Board shall render an adjudication or be deemed to have rendered an adjudication in any one of the three following methods on all appeals brought before it under § 5-43 of this chapter:
A.
The Board may review the record of the proceeding
before the Personnel Review Board and the adjudication of the Personnel
Review Board and shall render an adjudication sustaining, reversing
or modifying the adjudication of the Personnel Review Board. The adjudication
shall be in writing, shall contain findings and the reasons for the
adjudication and shall be served upon all parties or their counsel
personally or by mail.
B.
The Board may review the record of the proceeding
before the Personnel Review Board and the adjudication of the Personnel
Review Board and take additional testimony and render an adjudication
sustaining, reversing or modifying the adjudication of the Personnel
Review Board. The adjudication shall be in writing, shall contain
findings and the reasons for the adjudication and shall be served
upon all parties or their counsel personally or by mail.
A.
Department heads and office heads shall serve at the
pleasure of the Township Manager and may be removed, dismissed or
suspended from office with or without cause.
B.
Except for a serious breach of duty, misconduct, misfeasance, malfeasance or a similar charge, personnel dismissed pursuant to § 5-38A(1) of this chapter or pursuant to § 5-46 of this chapter shall be given a minimum of two months to a maximum of five months notice or equivalent severance. Determination of the notice period by the Manager or the Board shall not be subject to appeal unless the dismissal is less than two months after notice and without severance.
C.
Except for personnel referred to in § 5-45A of this chapter, unless otherwise contrary to law, personnel in the administrative service shall be subject to review as governed by merit principles and the due process provisions provided by the Lower Merion Civil Service Commission[1] or the Lower Merion Personnel Review Board and/or the
grievance provisions of the various labor agreements.
A.
Biannual evaluation. The Township Manager shall biannually
submit the names of the various department heads and office heads
and that of the Assistant Township Manager, if so named, for a confidential
performance review by the Board of Commissioners. The results of said
performance review shall be advisory to the Board of Commissioners,
except as otherwise provided in this section.
B.
Unsatisfactory review. If a majority of the Commissioners
shall indicate that a department head's or office head's performance
is considered unsatisfactory, the Manager shall be given, in writing,
a statement of concern, charges or reasons for said evaluation. It
shall be the duty of the Township Manager to respond to this statement
within 30 days. The Board shall act on this report within 60 days
by any of the following methods:
(1)
Accept the Manager's report and/or let the 60 days
lapse, in which event the Township Manager's report shall be considered
accepted.
(2)
By majority vote, set forth a probationary period
of not less than three months nor more than six months. The Township
Manager shall submit an evaluation at the conclusion of this probationary
period. The Board may, within 60 days of conclusion of the probationary
period and upon a two-thirds vote of its members, vote to dismiss
the department head or office head, either with cause or without cause,
and without recourse by the Township Manager.
(3)
The Board may, within 60 days from receipt of the
Township Manager's report and upon a two-thirds vote of its members,
dismiss the department head or office head. Said dismissal shall be
with cause, in writing, and without recourse by the Township Manager.
A.
The wages or salaries of Township employees shall
be according to pay schedules comprised of either ranges or steps,
established from time to time by action of the Board of Commissioners.
Said pay rates shall be set by the Township Manager within the parameters
of the applicable pay schedules and labor agreements.
B.
Appointments to or advancements within the prescribed
ranges may be at the direction of the Township Manager upon evaluation
of employee qualifications and performance.
Complaints against Township employees shall
be directed to the Township Manager in the case of management personnel
and to the head of a department or office in the case of all other
personnel. The Township Manager shall cause all such complaints to
be investigated to the extent necessary to determine the validity
of the complaint and the need for remedial action, if any.
